Disposed¶25

Janardan Mahto @ Jano Mahto @ Janardhan Mahto @ Jano @ Janardan Prasad v. The State of Bihar

Patna HC4 Jul 2025CR. MISC./14766/2025

Case brief

AI extract

What is this about?

Regular bail, fourth attempt; Patna High Court; Janardan Mahto @ Jano Mahto; Bahadaur P.S. Case No. 48 of 2020; Sections 302, 307, 120(B) IPC; Section 27 Arms Act; prolonged incarceration over five years; thrice-rejected bail (18.05.2022, 17.05.2023, 20.07.2024); trial not concluded beyond two-month deadline; prosecution evidence closed; Section 313 Cr.P.C. stage; absence of co-accused; one more chance of two months to trial Court; liberty to renew bail prayer.

What did the court decide?

No bail granted; bail application disposed of with liberty to renew the prayer for bail after two months if the trial is not concluded; trial Court directed to conclude the trial preferably within two months. ¶25

Janardan Mahto @ Jano Mahto @ Janardhan Mahto @ Jano @ Janardan Prasad Vs The State of Bihar — Patna HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the petitioner, in custody for over five years in Bahadaur P.S. Case No. 48 of 2020 (offences under Sections 147, 148, 149, 341, 342, 323, 307, 302, 120(B), 504 IPC and Section 27 Arms Act) on his fourth bail attempt, should be released on regular bail given the non-conclusion of the trial despite the earlier two-month direction.

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Court's answer

Considering the status of the trial and the specific nature of accusation, the petitioner being the main assailant who fired upon the deceased Lalan Kumar and Nago Mahto, one more chance is given to the trial Court to conclude the trial, preferably within two months from the date of receipt/production of a copy of the order.

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Ratio / Principle

The present bail application stands disposed of, with liberty to the petitioner to renew his prayer for bail after two months if the trial is not concluded by then.

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Detailed headnote1 paragraphs

Patna High Court (Harish Kumar, J.), Criminal Miscellaneous No. 14766 of 2025, decided 04-07-2025: Fourth regular-bail application of Janardan Mahto @ Jano Mahto @ Janardhan Mahto @ Jano @ Janardan Prasad, in custody for over five years in Bahadaur P.S. Case No. 48 of 2020 registered under Sections 147, 148, 149, 341, 342, 323, 307, 302, 120(B) and 504 IPC and Section 27 of the Arms Act. Three earlier bail prayers were rejected (orders dated 18.05.2022, 17.05.2023 and 20.07.2024); by the 20.07.2024 order the trial was to conclude within two months, yet more than nine months elapsed. Prosecution evidence stood closed and the trial was at the stage of the Section 313 Cr.P.C. statement, stalled by the absence of one accused. Considering the trial status and the specific accusation that the petitioner is the main assailant who fired upon deceased Lalan Kumar and injured Nago Mahto, the Court declined to release him forthwith, disposed of the bail application, gave the trial Court one more chance to conclude the trial preferably within two months from receipt/production of a copy of the order, and left the petitioner at liberty to renew his bail prayer after two months if the trial is not concluded.

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IN THE HIGH COURT OF JUDICATURE AT PATNA CRIMINAL MISCELLANEOUS No.14766 of 2025

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Arising Out of PS. Case No.-48 Year-2020 Thana- BHADAUR District- Patna

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======================================================

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Janardan Mahto @ Jano Mahto @ Janardhan Mahto @ Jano @ Janardan Prasad Son of Late Suklal Mahto @ Sukhlal Mahto @ Sukhari Mahto Resident of Village - Nandinagar, P.S. - Bhadaur, District - Patna

... ... Petitioner/s

Versus

The State of Bihar

... ... Opposite Party/s

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====================================================== Appearance : For the Petitioner/s : Mr. Rohit Kumar, Adv. For the Opposite Party/s : Mr. Jagdhar Prasad, APP ======================================================

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CORAM: HONOURABLE MR. JUSTICE HARISH KUMAR ORAL ORDER

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4 04-07-2025 Heard the parties.

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The petitioner seeks regular bail, who is in custody in connection with Bahadaur P.S. Case No. 48 of 2020, registered for the offence punishable under Sections 147, 148, 149, 341, 342, 323, 307, 302, 120(B) and 504 of the Indian Penal Code and Section 27 of the Arms Act.

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This is the 4^th attempt made on behalf of the petitioner, as earlier thrice the prayer for bail of the petitioner came to be rejected by this Court; firstly in Cr. Misc. No. 58016 of 2021 vide order dated 18.05.2022, further in Cr. Misc. No. 24882 of 2023 vide order dated 17.05.2023 and lastly in Cr. Misc. No. 36166 of 2024 vide order dated 20.07.2024, taking into consideration the specific nature of accusation against the

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Patna High Court CR. MISC. No.14766 of 2025(4) dt.04-07-2025 2/3

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petitioner.

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Learned Advocate for the petitioner submitted that apart from the fact that the petitioner has been incarcerated for over a period of more than five years, on the last occasion, negating the prayer for bail of the petitioner vide order dated 20.07.2024, it was observed that the learned trial Court shall take all endeavours to conclude the same within a period of two months. More than nine months have been lapsed, but the trial has not been concluded and there is no likelihood of conclusion of trial.

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Learned Advocate for the State submits that further two months time may be allowed to the learned Trial Court, as there is every likelihood that the trial would be concluded within the stipulated period. Moreover, the petitioner is facing serious and specific accusation of causing death of one Lalan Kumar and further causing grievous injury to one Nago Mahto.

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The matter was heard on 25.04.2025 and this Court had directed the learned trial Court to submit a report regarding the status of trial. It has been apprised that the evidence of prosecution has also been closed and the case is presently running for recording of the statement under Section 313 Cr.P.C., but due to absence of one accused, the statement of

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Patna High Court CR. MISC. No.14766 of 2025(4) dt.04-07-2025 3/3

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accused could not be recorded uptill now.

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Considering the status of the trial and specific nature of accusation as also the fact that the petitioner is the main assailant and he fired upon the deceased Lalan Kumar and Nago Mahto, due to which one of them died and the another sustained serious injury, this Court is of the opinion that one more chance be given to the trial Court to conclude the trial, preferably within a period of two months, from the date of receipt/production of a copy of this order.

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